There is little doubt that search engine giant Google is requested to remove thousands of links per day and more than four million links per week from its search engine archive. As with most websites on the internet, Google is obligated to remove any infringing content from its search index once provided with a valid DMCA request from those who hold the copyright. Now, HBO appears to be aimlessly requesting that links to content be removed–even if that content appears on HBOs on own website.

Of course many of the links that HBO and partner company DtectNet, an anti-piracy division of MarkMonitor, are legitimately featuring copyrighted content on their websites–which could include videos, show highlights and show recaps. However, in recent months HBO’s automated system has been including its own domains in its request to have Google remove them from their index, which effectively is damaging HBO’s online presence when it comes to search engines.

The good news is that it appears that Google has caught many of the erroneous claims, however the task of going through to double check submitted DMCA removal requests is becoming a larger issue. In the last year many large media companies have developed full staff to help police the internet for illegal copyrighted material. Now it seems that their own quick vigilance could actually hurt them, since getting a link to a legit site back into Google can take weeks or even months.

Some analysts are arguing that Google should charge companies to include pages they previously sought to be excluded back into the search index, a concept that may come to fruition as the amount of DMCA requests Google processes will only increase in the future. For those who want to legally view HBO content online you can use the HBO Go platform to do so.

Fox sci-fi drama Fringe is preparing to air its 100th and final episode on 18 January as part of a 2-hour special, and while the ending to a long-standing series can often be spoiled for viewers outside the show’s home country, viewers in the UK region will have the chance to be right up-to-speed, as host network Sky1 have confirmed that they will simulcast the final 2 episodes for those willing to stay up into the midnight hours.

Taking inspiration from the series finale of ABC show Lost in 2010, UK fans of the sci-fi investigative drama will be able to see the finale at the same time as viewers across the Atlantic on the U.S. East Coast, with their two-hour stint beginning at 1:10am on 19 January, though thankfully for many that will be the early hours of a Saturday, with the episode then being run again in its regular Wednesday 10pm slot later in the week.

Sarah Wright, Sky’s ‘controller of acquisitions’ noted of the upcoming broadcast: “Fringe has a great, dedicated fanbase amongst our customers and we are thrilled to be able to show them the much-anticipated series finale at the same time as the US broadcast.”

The series is now preparing for its conclusion following a strong-performing five seasons and 100 episodes on Fox, with executive producer J.H. Wyman hinting at the scale of the drama: “It’s definitely the biggest season finale we’ve ever had. It’s the most expensive… It’s massive, really big. I wanted to go out like, ‘Wow, how did they do that?”

The finale will feature the final two episodes, with ‘Liberty’ immediately followed by ‘An Enemy of Fate’ to round out the 13-episode 5th season. The show has starred Anna Torv, Joshua Jackson, and John Noble since its first episode, playing an FBI ‘fringe’ investigative team looking at mysteries involving a parallel universe. Torv, who plays ‘Olivia Dunham’, recently said of the show ending: “In film, you can have sad endings – like, ‘Oh well, it could’ve been’ – but with television you put so much time into these people that when you do finally say goodbye, you should be satisfied. Not necessarily happy, but not heartbroken.”

Fox chief of entertainment Kevin Rielly had previously noted of Fringe‘s upcoming completion: “Fringe has truly imagined the impossibilities over its five seasons and will go down in the books as one of Fox’s most riveting and creatively brilliant series. It has been a blast to work with J.J., Joel and their masterful creative teams, as well as with Anna, Josh and John and the rest of the most talented cast and crew in the business.”

With the show set to go out with a multi-national send-off, how many UK fans will be committed enough to take Sky1 up on their late-night offer?

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The UK based telecommunications company Total have escalated it’s trademark battle with catch-up and internet TV service YouView. After winning their initial appeal, Total have issued High Court proceedings against the BBC backed service for financial damages and to stop YouView from using the name.

YouView’s troubles not over yet

The YouView project headed by Sir Alan Sugar launched over 2 years late after many teething troubles and offers a full catch-up and digital TV service in the UK.

Total won the initial case after the judge declared the name YouView was too similar to Total’s registered trademark, Your View. YouView first applied to register the name youview six months after Total registered the YourView name to use as it’s online customer portal.

YouView appealed the ruling unsuccessfully, stating that the two products were sufficiently different to avoid any confusion, But now Total have escalated proceedings outlined in a press release issued today saying,

This new claim by Total is the latest action in the legal battle between Total and YouView, as Total continue to attempt to protect their YOUR VIEW brand. It follows an earlier decision of the Trade Marks Registry where Total had opposed registration of YouView’s trade mark, and YouView’s subsequent and unsuccessful appeal to the High Court in respect of that decision (http://www.total-ltd.co.uk/youview-loses-appeal/).

YouView TV Ltd., has recently launched a Freeview TV platform which they have branded ‘youview’. It is a joint venture backed by the major TV channels and broadband providers, to include the BBC, ITV, Channel 4, Channel 5, BT, TalkTalk, and Arqiva.

On 1 April 2010 YouView applied to the Trade Marks Registry to register the name YOUVIEW, presented in various forms in lowercase as ‘youview’, for use with various goods and services. However, Total had already registered the YOUR VIEW mark on 20 November 2009, well before YouView’s application, and which Total use as the trading name of their online customer portal, branded YourView.

The Total owned trade mark YOUR VIEW is registered with the Trade Marks Registry in respect of “Database programs and Databases” in Class 9; “Provision of commercial business information by means of a computer database; computerised database management; compilation of information into a database” in Class 35; and “Providing access to computer databases; telecommunication services” in Class 38.

Total opposed YouView’s application in the Trade Marks Registry and the opposition proceedings were decided on 30 May 2012. The hearing officer found that YouView’s trade mark was “confusingly similar” to Total’s earlier trade mark in a range of goods and services (as set out in paragraph 53 of the decision on 30 May 2012, available at http://www.ipo.gov.uk/types/tm/t-os/t-find/t-challenge-decision-results/t-challenge-decision-results-bl?BL_Number=O/216/12). These included “broadcasting,” “computer software, including software for use in downloading, storing, reproducing and organising audio, video, still and moving images and data in compressed and uncompressed form,” “apparatus for telecommunications, data communications, satellite transmission, television and radio transmission and reception, electronic messaging, access to interactive services and access to the internet.” As a consequence, YouView’s application for the ‘youview’ trade mark in these goods and services was denied, and remains so today.

YouView appealed to the High Court for use of their trade mark with software embedded into set-top boxes (such as electronic programme guides) and the physical set-top boxes themselves, arguing that neither the trade marks nor the respective goods and services were confusingly similar. However on Friday 9 November 2012, Mr Justice Floyd issued his judgment, dismissing the appeal in its entirety (http://www.bailii.org/ew/cases/EWHC/Ch/2012/3158.html).

Following Total’s success in the appeal Court, they are now taking further steps to protect their trade mark. The High Court proceedings which have been issued were sent for service on Monday 26 November, and relate to YouView’s alleged infringement of Total’s trade mark.

Total is claiming that YouView is in breach of section 10 (2) of the Trade Marks Act 1994, because by use in the course of trade and without consent YouView have used their trade mark, which is identical or similar to the YOUR VIEW trade mark, and is used in relation to goods and services which are identical or similar to those for which Total have registered their mark, and there exists a likelihood of confusion including a likelihood of association between the marks.

The claim that Total has issued against YouView is for financial relief but also for an injunction which, if granted, will prevent YouView from using the ‘youview’ mark in a way that infringes Total’s trade mark.

Paul Gordon, Partner at Willans LLP Solicitors, representing Total Ltd. comments “The YOUR VIEW trade mark has been registered to Total Ltd. since 20 November 2009, a fact that YouView were fully aware of when attempting to register their mark. On Friday 9 November, Mr Justice Floyd dismissed YouView’s appeal and took time to point out that not only was the hearing officer in the Trade Marks Registry right in her initial findings when she decided against registration of the ‘youview’ mark with certain goods and services, but that he agreed that there was similarity of the marks and similarity of the goods and services.”

Managing Director of Total Ltd., Stuart Baikie, said “Despite the recent vindication of our position in the appeal proceedings we believe that YouView has continued to act without regard to our registered mark and business interests. We have had no choice but to issue infringement proceedings and we are confident of success.”

J.J. Abrams and J.H. Wyman might be closing the chapter on the “Fringe” series for FOX, however, it has been announced that they have just finalized plans on a new project that will also air on the News Corp. owned broadcast network.

J.J. Abrams and J.H. Wyman working on new show for FOX

While the project has yet to receive a name, the plot is believed to be an “action-packed buddy cop show, set in the near future, when all LAPD officers are partnered with highly evolved human-like androids,” said an individual close to the situation.

Wyman is set to write and produce alongside Abrams and Byron Burk from Bad Robot Productions, best known for the hit television show “LOST” that aired on ABC for six seasons. Kathy Lingg of “Person of Interest” and “Fringe” fame will be a co-producer on the new show. Warner Bros. Television is also attached to the production.

The announcement comes after Abrams wrapped on the final season of Fringe, which is the fifth season, and has been a ratings juggernaut for FOX. Abrams, who has been involved in a variety of successful shows for network television will be moving onto a new show with NBC that is launching this fall–a post-apcalyptic drama set 15 years in the future called Revolution–and uniquely enough could give viewers clues about what to expect in this new untitled upcoming show on FOX.

No additional details were announced for the new show, and FOX declined to comment on the negotiations between Wyman and Abrams.

A year after former CEO, Steve Jobs resigned from Apple, they have won their patent battle against Samsung, with an expected payout of over $1 billion in damages, and the possible removal of Samsung products from the market.

Apple win patent battle with Samsung

The dispute between the two companies started last year, with Apple looking for $2.5 billion in damages. Samsung counter-sued for around $500 million. Apple argued that Samsung phones and tablets copied a number of features found in Apple hardware, from touch screen features, design and even icon design.

The jury in the high profile case took 3 days of deliberation to find Samsung guilty of patent-infringement against Apple’s iPhone and iPad with their respective Galaxy phone and tablet.

Features that found Samsung guilty included the tap to zoom feature and a scrolling “bounce back” feature. Although the high profile case included Samsung counter-suing Apple, the jury threw it out.

Apple were (obviously) over the moon with the decision. Apple said in a statement, “We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it.”

It continued, “The mountain of evidence presented during the trial showed that Samsung’s copying went far deeper than even we knew. The lawsuits between Apple and Samsung were about much more than patents or money. They were about values.”

A stunned Samsung, said the decision was, “a loss for the American consumer”. Pointing to a bleak future for the consumer, they continued saying the decision, “Will lead to fewer choices, less innovation, and potentially higher prices. It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies.”

The next step will be an attempt to get an injunction by Apple to get the products in question removed from sale. That hearing is scheduled for September 20. But don’t expect Samsung to take their medicine, an appeal against the decision is most likely coming next.

The verdict leads to a bigger question though, as both Samsung products run on the Android operating system which seems pretty similar to iOS, is Google next in Apple’s sights?

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Hulu are being sued for a patent infringement by program guide vendor Rovi. The lawsuit was filed in US District of Delaware Court on Thursday and is because of three patents related to online TV program guides and search products. The lawsuit seeks for an unspecified damages for the said infringement.

Rovi who used to be known as Gemstar-TV Guide International Inc, contends that Los Angeles based Hulu is using protected technology for electronic programming guides, according to a complaint filed in the court.

“Rovi invests significant resources” in the development of its guides and related inventions for digital video streaming technologies, the Santa Clara based company said in court papers.

Rovi has sued Toshiba over three program guide patents towards the end of last year. Earlier this year, Toshiba not only agreed to a license, but will use Rovi’s TotalGuide interactive programming guide in its TV sets.

A long running patent infringement suit against Virgin Media has ended in a small victory, as Virgin was found guilty, but the patents in question were ruled invalid.

Hulu’s not the only online media company that Rovi has taken to court recently. In January, it sued Amazon, and Amazon’s IMDb property over five program guide patents.

We can more than likely expect there to be more of these lawsuits, as Rovi claims more than 1,100 patents related to program guides, which it has licensed to a number of distributors and consumer electronics manufacturers such as Apple, Cisco, Comcast, DirecTV, Microsoft, Samsung, Sony, Time Warner and Verizon.